Opinion
January 4, 2001.
Judgment, Supreme Court, New York County (Budd Goodman, J. on CPL 190.50 motion; Laura Visitacion-Lewis, J. at jury trial and sentence), rendered October 20, 1999, convicting defendant of robbery in the second degree (two counts) and robbery in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 years, 6 years, and 3 to 6 years, unanimously affirmed.
Susan Axelrod, for respondent.
Bridget Gauntlett, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Wallach, Rubin, JJ.
The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The credible evidence, viewed as a whole, clearly established defendant's accessorial liability.
Since it is undisputed that the requisite request to testify before the Grand Jury was never filed, defendant' s motion to dismiss the indictment pursuant to CPL 190.50(5)(a) was properly denied (see, People v. Saldana, 161 A.D.2d 441, lv denied 76 N.Y.2d 944). Defendant's original attorney's concession that he failed to effectuate his client's expressed desire to testify before the Grand Jury does not entitle defendant to reversal under the circumstances here presented (People v. Wiggins, 89 N.Y.2d 872; People v. Hook, 246 A.D.2d 470 lv denied, 92 N.Y.2d 853).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.